Monday, April 30, 2018

USC Fraternity Settles Drone Injury Lawsuit

A lot of unfortunate things can happen at a frat party. Usually, recovery simply entails plenty of water, a greasy breakfast, and a temporary ban on words like "vodka" and "beer." But sometimes the injuries are much worse, and the recovery much tougher.

One student attended a frat party at USC back in 2015, but instead of just a hearty hangover, she was hit in the head by a drone. Now, that student and the USC fraternity have reached a settlement in her drone injury lawsuit.

Injured Woman Bled "Vigorously"

Alina Pituch had been at a party at Pi Kappa Phi's Delta Rho Chapter in October of 2015 for about 15-20 minutes when a drone fell and hit her on the head, knocking her into a friend. According to her lawsuit, she "immediately began to bleed vigorously." She says she suffered injuries to the back of her head, forehead, and left eye, and that she became dizzy and disoriented.

Filed Drone Lawsuit Against Frat, Event Company

Pituch stated in her lawsuit that she is still suffering the effects of the drone incident. She has permanent scarring, has met with plastic surgeons regarding her injuries, and has difficulty concentrating on school work thanks to the headaches that began after the accident. Pituch filed her drone injury lawsuit against the USC fraternity and The Perfect Event, the event-planning company hired by the fraternity. The event company had hired the drone operator. The lawsuit included claims of negligence and premises liability.

However, in papers filed with the court on April 12, Pituch's lawyers stated that the lawsuit had been resolved, although no terms of the settlement were released. Both the USC frat and the event-planning company had denied any wrongdoing in the drone injury lawsuit.

While many people treat them like toys, drones can cause serious injuries. If you or a loved one was injured by a drone, speak with an attorney who can assess the strength of your case and inform you of your legal options.

Related Resources:



from Injured https://blogs.findlaw.com/injured/2018/04/usc-fraternity-settles-drone-injury-lawsuit.html

Friday, April 27, 2018

Woman Injured in Oregon Natural Gas Explosion First to File Lawsuit

On October 19, 2016, a powerful explosion ripped through Portland's Northwest 23rd Avenue area. A natural gas line maintained by Loy Clark Pipeline exploded, leveling some buildings, and shattering windows in many others nearby.

Gail Needham was working in one of those nearby buildings as a dental hygienist. The force of the explosion shattered the windows of the examination room where she was working with a patient, pushing her to the floor, sending glass shards into her back, and giving her a concussion. Needham filed a lawsuit against Loy Clark this week -- the first such suit following the blast.

Explosive Effects

Needham is still suffering the effects of the blast today. She still has trouble seeing, experiences ringing in her ears, and has suffered hearing loss, according to her lawsuit. Her doctor said Needham could only then started reading again a year after the explosion, but still has "bad days" when she couldn't read at all. She also still suffers from headaches and post-traumatic stress disorder, and has only been able to return to work part-time.

Needham is suing Loy Clark for $20,000 in lost wages, $19,000 in medical bills, and an additional $650,000 for pain, suffering, and interference with her daily activities.

Blast Settlements

Loy Clark, for its part, has admitted fault in the explosion, and spokesperson Andrea Blessum told the Oregonian that the company and its insurer have settled or closed around 88 percent of all claims filed in response to the explosion. "I'd like to believe the number of claims we've closed is a sign that we're working with people who've been impacted to do what we can to help them recover."

Needham's attorney, Jason Kafoury, said settlement talks with the company's insurer have been unsuccessful because his client's medical bills are still accumulating and her physical condition hasn't stabilized yet.

The Oregon Occupational Safety and Health Administration determined Loy Clark Pipeline dug into a sidewalk without first checking to see if there were natural gas lines underneath, and fined the company $4,900 for safety violations.

Related Resources:



from Injured https://blogs.findlaw.com/injured/2018/04/woman-injured-in-oregon-natural-gas-explosion-first-to-file-lawsuit.html

Wednesday, April 25, 2018

Pastor's 'Blessing' Caused Brain Injury, Lawsuit Claims

Most church-goers expect their place of worship to be a source of healing and spiritual renewal. But one Georgia woman claims her pastor's blessing did far more harm than good when it caused her traumatic brain injury. Now, the woman is suing the church and the pastor as she continues to suffer from the effects of the incident.

Congregant "Slammed the Back of Her Skull"

Yvonne Byrd arrived at Hopewell Missionary Baptist Church in Norcross, GA early on March 5, 2017, to sing in the choir. Bishop William Sheals, 71, began blessing congregants during the second service, and when it was her turn to receive a blessing, Byrd says Sheals "pushed her forehead with such force, that it caused her to fall backward and slam the back of her skull against the hard floor." Other members received their blessing via a simple touch to the head.

Byrd's attorneys say that the blessing knocked her unconscious, although it took some time for other church members to realize she was on the ground and not moving. She had to be treated at a local hospital and spent several weeks at rehab facility. Byrd, a member of the megachurch for 15 years, says she is still recovering from the mild traumatic brain injury.

Pastor "Reckless and Negligent"

Byrd's lawsuit claims that the Hopewell church "had a duty to adequately supervise and train its employees, including Defendant Sheals, as to appropriate and safe physical contact with congregants during church services." It also states that Sheals was reckless and negligent when he gave Byrd the brain-injuring blessing.

Her lawsuit is seeking an unspecified amount of damages for personal injuries, medical expenses, and permanent physical and psychological damages. Neither the church nor the pastor seems to have commented on the lawsuit, except to say that they have not received any formal information on the matter.

Just because someone doesn't intend to inflict harm doesn't mean they shouldn't be held accountable for the result of their actions. If you were injured by someone -- church-related or not -- speak with a personal injury attorney to discuss your options for compensation.

Related Resources:



from Injured https://blogs.findlaw.com/injured/2018/04/pastors-blessing-caused-brain-injury-lawsuit-claims.html

Monday, April 23, 2018

Parkland Victim Files Lawsuit Against Gunman and Foster Parents

No child should have to endure what those at Parkland High School went through during the mass shooting at their school on February 14. Understandably, many are asking questions about how it could have been avoided, whether there were missed warning signs, and how to avoid this type of tragedy in the future.

In answer to some of those questions, one of the Parkland victims is suing the gunman, his mother's estate, the family the gunman stayed with, and three mental health facilities. He claims that those entities share some of the responsibility for the shooter's actions that day.

Student Used Own Body as Human Shield

Anthony Borges is a 15-year-old student praised for saving as many as 20 lives when he barricaded a door and used his body to shield classmates as Nikolas Cruz opened fire at the Florida high school, killing 17. Anthony was shot five times through the door and spent seven weeks in the hospital. A third of his lung was removed and he will need additional surgeries.

Suing Parkland Gunman, Others

Borges' parents, Royer Borges and Emely Delfin, filed the lawsuit on Anthony's behalf and are seeking damages over $15,000, attorney's fees, and court costs, among other damages. Included among their claims against Nikolas Cruz, foster parents James and Kimberly Snead, his deceased mother's estate, and three mental health facilities are the following:

  • The Sneads were negligent because Cruz had access to one or more guns while staying with them; and "specifically the AR-15 rifle that he subsequently used in committing the massacre at Marjory Stoneman Douglas High School."
  • Henderson Behavioral Health was negligent because they did not hospitalize Cruz after their psychiatric evaluation determined that he was "not a risk to harm himself or anyone else because he was on a treatment plan for ADHD, depression, and autism."
  • Jerome Golden Center for Behavior Health "knew or should have known" that Cruz "suffered from mental illness and was a threat to others." The center's CEO claims they had no contact with Cruz.
  • Lynda Cruz (the gunman's deceased mother) "owed a duty to the public" to have her son properly diagnosed and treated (she reported her son's violent behavior on multiple occasions), and to prevent him from obtaining weapons.

According to Borges' attorney, the Parkland victim also plans to sue the Broward Sheriff's Office, among others.

Too many innocent victims are harmed everyday by the actions and negligence of others. If you've been injured, it might not be clear who the responsible parties are. Speak with an attorney to better understand your rights and legal options.

Related Resources:

Weapons at School (FindLaw's Learn About the Law)



from Injured https://blogs.findlaw.com/injured/2018/04/parkland-victim-files-lawsuit-against-gunman-and-foster-parents.html

Lawsuit Against Online Gun Seller Can Continue, Court Rules

There's no denying the national debate on gun control has reached a fever pitch in recent months, with more shootings and the media attention that follows. The questions that always arise after these shootings include: How did this person get a gun? Was it obtained legally? Should we change the law to prevent this type of thing from happening in the future?

After a tragic incident in Wisconsin claimed four lives, investigators learned that the shooter had purchased his gun online. Now, the daughter of one of his victims is suing that website over her mother's murder. And although one court dismissed the case, an appeals court has ruled that the lawsuit against the online gun seller can continue.

A History of Domestic Violence and an Online Gun Purchase

In October of 2012, Radcliffe Haughton opened fire at a Milwaukee-area spa, killing four people, including his estranged wife, Zina Daniel Haughton and himself. But with a history of domestic violence and a restraining order granted just days before the shooting, Haughton was not supposed to have any firearms, according to federal law.

However, Wisconsin law only requires background checks and a 48-hour waiting period for dealer purchases, not private sales. That appears to be why Haughton went online and bought a handgun from a private seller through the website Armslist.com.

Lawsuit: Website Facilitated Illegal Gun Purchases

The lawsuit against the online gun seller was filed by the gunman's stepdaughter, Yasmeen Daniel, and claims that the website design encouraged and facilitated the illegal gun sale and lacked appropriate safeguards. The gunman found the private seller through Armslist, and communicated with him through the website. The actual purchase occurred in a fast food parking lot.

The circuit court had dismissed the case, saying that the website couldn't be held liable for publishing third-party content. However, the Wisconsin Court of Appeals reinstated the lawsuit, ruling that it seeks liability for using a "website design feature to facilitate illegal firearms purchases," which is not protected by state or federal law.

Gun violence affects a lot more people than just those in the stories that make the news. If you've been hurt or threatened by someone with a gun or other weapon, you should report the incident to law enforcement. After that, speak to an attorney about additional steps you can take for your protection and to seek compensation.

Related Resources:



from Injured https://blogs.findlaw.com/injured/2018/04/lawsuit-against-online-gun-seller-can-continue-court-rules.html

Friday, April 20, 2018

When to Sue for Weight Loss Surgery Injuries

There is a certain standard of care that surgeons owe their patients -- that their level of skill, expertise, and care is the same possessed and practiced by physicians in the same or similar community, and under similar circumstances. While this standard was once geographically relative, the same standard applies to all doctors practicing the same medicine nationwide.

So weight loss surgeons in Manhattan, Kansas are held to the same standard as those in Manhattan, New York. (Whether those in Tijuana, Mexico will be called to account in American courts remains to be seen.) As with any surgical procedure, gastric bypasses, lap-band procedures, and other weight loss surgeries can be risky. But if something goes wrong, when can you sue the surgeon or clinic for damages?

Surgical Standards of Care

The answer will depend on the standard of care and whether your surgeon met it. The idea behind a standard of care in medical malpractice cases is to determine whether a medical professional acted in a manner consistent with the expectations of the medical community. If a weight-loss surgeon did not do what is expected of other surgeons in that field, they could be held liable for any harm that comes from not adhering to those standards.

Proving that standard -- and a surgeon's failure to meet it -- in court, however can be more difficult than it sounds. You would need expert testimony defining the applicable standard of care, and proving that your surgeon was negligent in your case by failing to provide that standard of care. This can become problematic because the experts in the field tend to be doctors, and doctors tend to avoid calling each other negligent.

Post-Surgery Steps

If you think your weight loss surgeon was negligent in some aspect of their care, there are some important first steps you want to take in order to build a medical malpractice case:

  • Collect All Relevant Paperwork: diagnoses, prescriptions, bills, and any other tangible documents you've received from medical professionals regarding the surgery could be relevant;
  • Contact the Medical Professional Involved: sometimes a conversation can actually clear things up;
  • Contact the Relevant Medical Licensing Board: the board can't compensate you for injuries (or force the surgeon to) but it can issue warnings or discipline to the surgeon; and
  • Know How Long You Have to File a Claim: state statutes of limitation on medical malpractice claims can vary widely and you don't want to miss a deadline.

Finally, you'll want to contact an experienced medical malpractice attorney to review your possible claims. Contact one in your area today.

Related Resources:



from Injured https://blogs.findlaw.com/injured/2018/04/when-to-sue-for-weight-loss-surgery-injuries.html

Family Sues Resort Pool for Wrongful Death Drowning

There's a special pang of anxiety that the sight of a pool causes in the hearts of parents with small children. And with good reason, since there are countless stories of children drowning or being severely injured around them. One Ohio family experienced this nightmare last year when their four-year-old little girl drowned at a South Carolina resort. Now, the family is suing the resort pool for wrongful death.

A Drowning, a Birthday, and a Tragic Loss

Lierra Stevenson was four years old when she and her family visited North Beach Plantation in North Myrtle Beach, SC. At some point, Lierra was pulled from the pool, unresponsive. When emergency personnel arrived, bystanders were performing CPR. Despite these efforts and the use of an external defibrillator by North Myrtle Beach Fire Rescue, the girl was still unresponsive and was rushed to a hospital. She remained on life support and even turned five while in the hospital, but sadly passed away after 11 days.

Resort and Caretakers Negligent

Sierra Coleman, Lierra's mother, filed the lawsuit which lists North Beach Towers Homeowners' Association, Felicia Dinkins, and Sanlis Caminero as defendants. According to the complaint, Dinkins and Caminero were caring for Lierra at the time of her drowning. Coleman claims that North Beach was negligent because there was no life guard on duty at the time of the incident, they created unsafe conditions, failed to maintain the pool or warn people of unreasonable risks, and didn't have life-saving equipment nearby.

In terms of Dinkins and Caminero, the suit doesn't name their relationship to Lierra. However, it does say that they were reckless and negligent for not supervising the little girl and for failing to properly train employees.

While pools offer plenty of fun and relaxation, they're also a huge source of injuries. If you or a loved one suffered injuries while at the pool, the pool's owner may be liable. Speak with an attorney to discuss your case and whether you should move forward and take legal action.

Related Resources:



from Injured https://blogs.findlaw.com/injured/2018/04/family-sues-resort-pool-for-wrongful-death-drowning.html

Wednesday, April 18, 2018

Sandy Hook Families Sue Alex Jones and InfoWars for Defamation

Alex Jones doesn't get a whole lot of things right, especially when it comes to school shootings. Earlier this month, Jones and his InfoWars website were sued for defamation after misidentifying an innocent teenager from Massachusetts as the Parkland, Florida shooter.

This week, Jones has been sued by families of victims from another school shooting about which the conspiracy peddler has theories. Parents of two children slain in the Sandy Hook Elementary School shooting in Connecticut in 2012 filed separate defamation lawsuits against Jones, claiming his insistence that the shooting was staged and the parents are actors has tormented them for years.

Conspiracy Theory Campaign

Leonard Pozner and Veronique De La Rosa, parents of Noah Pozner who was killed at Sandy Hook, filed their lawsuit claiming Jones and his staff waged a "years-long campaign to convince their audience that Sandy Hook was faked and that the parents are lying." "This conspiracy theory," claims the lawsuit, "which has been pushed by InfoWars and Mr. Jones since the day of the shooting, alleges that the Sandy Hook massacre did not happen, or that it was staged by the government and concealed using actors, and that the parents of the victims are participants in a horrifying cover-up." Specifically, Jones accused De La Rosa of being an actor in a 2017 video titled "Sandy Hook Vampires Exposed."

Neil Heslin, father of slain student Jesse Lewis, also sued Jones, saying the radio host accused him of lying about holding his son's body with a bullet hole in his head. "This heartless and vile act of defamation re-ignited the Sandy Hook 'false flag' conspiracy and tore open the emotional wounds that plaintiff has tried so desperately to heal," according to the complaint.

Both lawsuits contend Jones and InfoWars acted with malice, their defamatory publications have injured the plaintiffs' reputation and image, and that they have exposed them to "public and private hatred, contempt, and ridicule." They cite the case of Lucy Richards, a Florida woman sentenced to five months in prison for threatening Pozner based on Jones' assertions.

Conspiracy in Theory, Danger in Fact

This is not the first time Jones's conspiracy theories have gotten him in legal trouble. NPR reports a former foreign service officer is suing Jones, claiming he received death threats from Jones-inspired conspiracy theorists after posting a video of a woman being struck by a car during protests in Charlottesville, Virginia last year. Jones was also sued by the owner of Comet Ping Pong, a pizzeria targeted by a man with a loaded rifle after Jones claimed the restaurant was the center of a child porn ring.

Related Resources:



from Injured https://blogs.findlaw.com/injured/2018/04/sandy-hook-families-sue-alex-jones-and-infowars-for-defamation.html

Does Insurance Cover Drone Injuries?

A few years ago, we only heard about drones in reference to the military and the role they were playing in Afghanistan. Now, it seems like there's at least one at every major beach, on kids' Christmas lists, and on sale at Walmart. Even Amazon is working on a drone-delivery system for its packages.

But it's all fun and games until someone gets hurt. And drones can cause very real injuries. So, what do you do if your drone injures someone, or you're hurt by someone else's toy? Will insurance cover those drone injuries, or will you be paying out of pocket?

Some Renters or Homeowners Insurance Covers Drones

While some insurance policies will cover the drone itself, you're probably more worried about your liability for the injuries the drone could cause. After all, those blades move pretty fast, and the drone itself can reach impressive speeds. The first place to look is your renters or homeowners insurance policy.

Some of these policies will cover the recreational drone itself, medical expenses if someone outside your household is injured, and legal expenses if you're sued for drone injuries or property damage. However, keep in mind that your policy's plan limits would still apply.

Regardless, you should check with your insurance provider about drone coverage. Some policies have an aviation exclusion, while others make an exception for model aircraft. Whether your provider considers a drone a model aircraft is anybody's guess, so you should ask your provider directly about drone injury insurance coverage. Make sure to get any clarifications in writing. It may become necessary to fight your insurance company regarding coverage.

Drone-Specific Policies

Another option if you fly your drone for business purposes or want to have extra coverage, is to sign up for a policy meant specifically for drone usage. That way, there's much less ambiguity about what your insurance will cover in case of an accident. Remember, though, that this insurance won't protect you if you use your drone to intentionally hurt someone, spy on people, or conduct criminal activity.

Two newer options are club membership and on-demand drone insurance. For example, for less than $100 per year, membership in the Academy of Model Aeronautics will provide you with specific drone insurance limits. Similarly, you could purchase an hour of coverage for a few dollars through the app Verifly, which allows you to purchase coverage each time you head out for some drone time.

Insurance coverage can be complicated, but it can also make the difference between paying the bills and going broke. If you were injured by a drone or your drone hurt someone else, speak with an attorney who can discuss possible damages as well as the strength of your case.

Related Resources:


from Injured https://blogs.findlaw.com/injured/2018/04/does-insurance-cover-drone-injuries.html

Tuesday, April 17, 2018

When Can You Sue a Workers' Comp Doctor?

Dealing with an on-the-job injury can be a huge hassle. There's paperwork, doctor appointments, more paperwork, long-term financial uncertainty, and often ... even paperwork. So, it's that much more painful when you feel like the workers' comp doctor makes your injury worse, rather than better. In that instance, you may be wondering when you can sue a workers' comp doctor. The answer? It depends.

What Is Medical Malpractice?

Medical malpractice is a broad concept that applies not only to doctors, but to nurses, health care facilities, pharmaceutical companies, and others. A medical malpractice lawsuit seeks to hold health care professionals responsible if they act negligently (i.e. fail to provide proper care to a patient). Common medical malpractice claims include:

  • Misdiagnosis
  • Poor medical care
  • Lack of consent
  • Breach of doctor-patient confidentiality

Suing a Workers' Comp Doctor

A doctor is not shielded from medical malpractice liability simply because he or she serves as a workers' compensation doctor. If a workers' comp physician acts negligently in diagnosing or treating someone, that doctor should be held responsible, just like any other. For example, if the doctor pursued non-standard, risky treatment for your injury without your consent, you should consider a medical malpractice lawsuit. Or, if the workers' comp doctor was merely the examining physician, but his exam actually caused additional injury, you could file a claim against him for that.

In either case, you shouldn't take too long to decide whether or not to sue your workers' comp doctor. Every state has time limits on when you're allowed to bring these types of claims. Speak with an experienced medical malpractice attorney to get a sense of the strength of your case and what you need to do to file a lawsuit.

Related Resources:



from Injured https://blogs.findlaw.com/injured/2018/04/when-can-you-sue-a-workers-comp-doctor.html

Monday, April 16, 2018

Massachusetts Man Awarded $8.25M for Injuries From Falling Asphalt Melter

There are normal injuries sustained from everyday activities like fender benders or slip-and-falls. And there are catastrophic injuries from asphalt melters that fall on your head. Brian Goodrich of Oxford, Massachusetts sustained the latter, suffering permanent disfigurement to his face and skull, permanent blindness in one eye, and loss of "even remedial cognitive function."

And last week a jury awarded Goodrich and his family $8.25 million, determining that the melter's designers were more than 50 percent at fault for the accident.

A Factual Dispute

In some accidents, more than one party can be at fault. Cimline Inc., Garlock Equipment Inc., and parent company Plymouth Industries Inc. argued that Goodrich failed to use a safety pin with a jack while changing the machine's oil. Goodrich, in turned, argued that the companies failed to include a warning on the asphalt melter or in its manual detailing the dangers of failing to use the pin.

Judge Timothy S. Hillman allowed the case to go to trial in January, after hearing both sides. "I find the lack of warning and instructions with regards to use of the jacking system, especially considering the warnings and instructions provided for other 'obvious' perceived dangers," he wrote at the time, "provide a factual dispute in which a reasonable fact finder could infer that the plaintiff's use of the unpinned jack was reasonably foreseeable."

Judge Hillman also noted that the companies' safety engineer, Richard Stoffels, testified he was not actually a licensed engineer at all, and was still "a few credits shy of a bachelor's degree in engineering." Stoffels, according to Judge Hillman, "is responsible for the design and safety of the melter," and the companies provided no evidence that they ever performed a "hazard safety analysis" on the product.

Fractions of Liability

After the trial, jurors determined the companies were 52.5 percent at fault for the accident, while Goodrich was 47.5 percent at fault. Under Massachusetts negligence laws, the threshold is 50 percent for a plaintiff to recover for injuries:

Contributory negligence does not bar recovery so long as the plaintiff's negligence is not greater than that of the defendant. But, any damages awarded are diminished in proportion to plaintiff's attributed negligence. If there are multiple defendants, the plaintiff's negligence is compared to the total combined negligence of all defendants.

State injury laws can vary when it comes to contributory or comparative negligence. If you have questions about a possible injury lawsuit, contact an experienced injury attorney in your state.

Related Resources:



from Injured https://blogs.findlaw.com/injured/2018/04/massachusetts-man-awarded-825m-for-injuries-from-falling-asphalt-melter.html

Wednesday, April 11, 2018

When to Sue for Defamation of Character

With all this talk about snowflakes, freedom of speech, hate speech, etc. it can be difficult to know what you can and can't say, and what your rights are when it comes to what others say about you. These days, it seems like a mere mention of the weather will offend somebody. But when does offense cross over into defamation? When are someone's words so injurious to your reputation that you can sue them for it? While it varies somewhat from state to state, there are some helpful guidelines for knowing when to sue someone for defamation of character.

Elements of a Defamation Lawsuit

Defamation is only punishable as a civil wrong -- it's not a criminal matter. To know when to sue for defamation, you have to know what the elements of the cause of action are. Again, the wording varies from state to state, but in order to prove defamation, you generally have to show:

  • Someone made a false statement about you;
  • The statement was published to a third party -- either verbally (slander) or in writing (libel);
  • The statement caused injury to you; and
  • The statement does not fit into one of several exceptions

What's a Defamation Injury?

Unlike the bruise or broken bone that accompanies a battery claim, the injury from defamation can be harder to prove. But generally, you must show that the statement hurt your reputation, professional or otherwise. If you run a business, you might show how the statements hurt you financially. Or, if the statements were so distressing that they caused health problems, those can be proof of injury. Also, some statements are presumed to be defamatory, such as accusations of sexual misconduct, criminal activity, or having an STD.

Truth as a Defense

Another important part of the defamation puzzle is the falsity of the statement. If someone says or writes something about you that really hurts your reputation, it will not be considered defamatory if it is, in fact, true. For example, telling people that your restaurant gave patrons food poisoning is not defamatory if it's true. Likewise, statements of opinion -- your restaurant's food tastes bad -- is not defamatory.

Defamation and False Light

Defamation is sometimes confused with allegations of "false light." While they are very similar, defamation involves reputational harm, while false light is more about offensive or embarrassing statements. Also, while false light involves a statement or implication that was made with reckless disregard, defamation only demands you prove reckless disregard when the subject is a public figure.

There are a lot of nuances to proving a defamation lawsuit. Whether you've been harmed by someone else's words, or you've been accused of making defamatory statements, get help from an attorney with experience dealing with these types of torts.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2018/04/when-to-sue-for-defamation-of-character.html

Tuesday, April 10, 2018

New Jersey Couple Gets $37 Million in Talcum Powder Cancer Lawsuit

You don't have to search too hard to find some clickbait article about everyday household products that are slowly killing you. But what happens when you legitimately believe that one of those products has caused you a great deal of harm? One New Jersey couple took the makers of talcum powder to court, claiming the product gave the husband cancer. Now, thanks to that lawsuit, they've been awarded a total of $37 million.

An Aggressive and Deadly Cancer

Stephen Lanzo said he used product's like Johnson & Johnson's Baby Powder and Shower to Shower for over 30 years. After decades of using the talcum powder products, he contracted an aggressive, deadly cancer called mesothelioma, which affects the lining of his lungs.

Claims of Asbestos in Talc Powder

Lanzo's attorney's accused Johnson & Johnson of failing to disclose information to customers about the risks of asbestos in their talc products. The lawsuit claims that Lanzo's long-term exposure to the talc powder caused his cancer because of the proximity of asbestos to the mining of talc deposits. Johnson & Johnson argued that, per legal requirements, its products have been asbestos-free since the 1970s.

Husband and Wife Each Awarded Millions

While other cases against Johnson & Johnson have not been successful, there are thousands currently making their way through the courts. And in this case, the jury sided with the Lanzos, awarding Stephen $30 million in compensatory damages, and his wife, Kendra, $7 million. Johnson & Johnson was found to be 70 percent liable, while Imerys Talc, a supplier of the mineral, got 30 percent.

If you suspect that a seemingly harmless product has injured you, speak with an attorney as soon as possible to assess the strength of your claim and understand what needs to be done going forward.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2018/04/new-jersey-couple-gets-37-million-in-talcum-powder-cancer-lawsuit.html